do-me/EUR-LEX huggingface dataset:
Case T-764/15: Order of the General Court of 17 May 2019 — Deutsche Lufthansa v Commission (Action for annulment — State aid — Measures implemented by Germany in favour of Frankfurt Hahn airport — Decision declaring the aid compatible in part with the internal market — Decision finding that there is no State aid — Indirect aid — No individual concern — Inadmissibility)
Date: 2019-05-17
Institutions: General Court
Subjects: Germany, Rhineland-Palatinate, State aid, airline, airport, control of State aid








C_2019246EN.01002001.xml










22.7.2019   


EN


Official Journal of the European Union


C 246/20






Order of the General Court of 17 May 2019 — Deutsche Lufthansa v Commission
(Case T-764/15) (1)

(Action for annulment - State aid - Measures implemented by Germany in favour of Frankfurt Hahn airport - Decision declaring the aid compatible in part with the internal market - Decision finding that there is no State aid - Indirect aid - No individual concern - Inadmissibility)
(2019/C 246/20)
Language of the case: German

Parties


Applicant: Deutsche Lufthansa (Cologne, Germany) (represented by: A. Martin-Ehlers, lawyer)

Defendant: European Commission (represented by: T. Maxian Rusche, K. Herrmann and D. Recchia, acting as Agents)

Intervener in support of the defendant: Land Rheinland-Pfalz (Germany) (represented by: Professor C. Koenig)

Re:

Action under Article 263 TFEU for the annulment of Commission Decision (EU) 2016/788 of 1 October 2014 on the State aid SA.32833 (11/C) (ex 11/NN) implemented by Germany concerning the financing arrangements for Frankfurt Hahn airport put into place in 2009 to 2011 (OJ 2016, L 134, p. 1).

Operative part of the order







1.



The action is dismissed.











2.



Deutsche Lufthansa AG shall bear its own costs and pay those of the European Commission and of the Land Rheinland-Pfalz.







(1)  OJ C 68, 22.2.2016.
Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance.)
Date: 2019-05-17
Institutions: European Commission
Subjects: France, Ile-de-France, Midi-Pyrenées, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2019169EN.01000501.xml










17.5.2019   


EN


Official Journal of the European Union


C 169/5






Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2019/C 169/04)






Member State


France




Route concerned


Rodez – Paris (Orly)




Period of validity of the contract


20 January 2020 - 19 January 2024




Deadline for the submission of applications and tenders


24 July 2019, 12.00 (local time)




Address where the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained







Syndicat Mixte pour l’Aménagement et l’Exploitation de l’aéroport de Rodez-Aveyron




Hôtel du Département




7 Place Charles de Gaulle




BP 724




12007 Rodez Cedex




FRANCE




Tel. +33 565757610




Email: smaeroport-rodez-aveyron@orange.fr




Buyer profile (website):




http://www.e-occitanie.fr
Case C-390/19 P: Appeal brought on 17 May 2019 by the Italian Republic against the judgment of the General Court (Fourth Chamber) delivered on 12 March 2019 in Case T-135/15 Italy v Commission
Date: 2019-05-17
Institutions: Court of Justice
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, silo, sugar beet, sugar industry








C_2019230EN.01002401.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/24






Appeal brought on 17 May 2019 by the Italian Republic against the judgment of the General Court (Fourth Chamber) delivered on 12 March 2019 in Case T-135/15 Italy v Commission
(Case C-390/19 P)
(2019/C 230/29)
Language of the case: Italian

Parties


Appellant: Italian Republic (represented by: G. Palmieri, acting as Agent, C. Colelli, avvocato dello Stato)

Other parties to the proceedings: European Commission, French Republic, Hungary

Form of order sought

The appellant claims that the Court should:






—


set aside, in so far as it is the subject matter of the present appeal, the judgment of the General Court of the European Union of 12 March 2019, Case T-135/15, Italy v Commission, notified on 13 March 2019, dismissing the action brought under Article 263 of the Treaty on the Functioning of the European Union by the Italian Republic against Commission Implementing Decision (EU) 2015/103 of 16 January 2015 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2015) 53); (1)











—


order the Commission to pay the costs.





Grounds of appeal and main arguments







(1)


Infringement of Regulations No 320/2006 and No 968/2006. Infringement of Judgment of the Court of Justice of 14 November 2013, SFIR and Others, C-187/12 to C-189/12
By its first ground of appeal, the appellant takes issue with the judgment under appeal in so far as it wrongly identified the time at which it was necessary to examine whether the silos kept in the sugar-beet factories receiving aid did or did not have the characteristics of a ‘production facility’ and whether or not it was lawful to maintain them in cases in which applications for financial aid had been made for the total dismantling of the facilities.










(2)


Infringement of the Commission’s Guidelines set out in Document No VI/5330/97
By its second ground of appeal, the appellant criticises the contested decision in so far as the General Court — despite having found that the case in question satisfied both the conditions set out in Annex 2 to the Guidelines for the purpose of establishing one of the ‘borderline cases’, which the EU legislature considered relevant for the purpose of excluding or reducing the financial correction — considered the Commission’s decision not to apply the ‘borderline case’ to be lawful.






(1)  OJ 2015 L 16, p. 33.
Case T-306/19: Action brought on 17 May 2019 — Graanhandel P. van Schelven v Commission
Date: 2019-05-17
Institutions: General Court
Subjects: access to EU information, environmental industry, import (EU), organic certification, organic product, originating product, right to justice, rights of the defence, surveillance concerning imports, third country








C_2019280EN.01004201.xml










19.8.2019   


EN


Official Journal of the European Union


C 280/42






Action brought on 17 May 2019 — Graanhandel P. van Schelven v Commission
(Case T-306/19)
(2019/C 280/58)
Language of the case: English

Parties


Applicant: Graanhandel P. van Schelven BV (Nieuwe Tonge, Netherlands) (represented by: C. Almeida, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Article 1(3) of Commission Implementing Regulation (EU) 2019/446; (1)











—


order the defendant to produce all relevant documents leading to the adoption of Regulation (EU) 2019/446.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that the Commission’s revocation of ‘Control Union Certifications’ (CUC) as an EU organic certifier appears arbitrary as it is based on false facts.










2.


Second plea in law, alleging that the applicant’s subjective right to be protected from the arbitrary revoking of Commission appointments of organic certifiers to run EU organic controls in third countries was violated. Its interest as a competitor in the organic market was not protected.










3.


Third plea in law, alleging that, with the revocation of CUC’s appointment as an EU organic certifier, the supply of organic products in decade-long trade relations are blocked and the applicant’s rights as importer have been directly affected. Such direct concern is established by the contested regulation as the applicant was the recipient, as importer, of certificates of inspection issued by CUC which enabled it to access the EU organic food and feed market. CUC is the organic certifier for the farms in the Black Sea region from which the applicant’s main supplier sources the organic products.










4.


Fourth plea in law, alleging that the Commission violated the applicant’s right to be subject only to proportionate interference with its business as well as the basic fundamental guarantee of its property and its freedom to engage in commerce.










5.


Fifth plea in law, referring to the applicant’s second head of claim, which seeks access to Commission documents, alleging that the applicant enjoys the general access rights granted under EU law and based on the guarantee of due process and the right to be heard as protected by relevant human rights instruments.






(1)  Commission Implementing Regulation 2019/446 of 19 March 2019 amending and correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (OJ 2019 L 77, p. 67).
Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (Text with EEA relevance, except for products falling under Annex I of the Treaty)
Date: 2019-05-17
Institutions: European Commission
Subjects: Austria, Salzburg, State aid, control of State aid








C_2019170EN.01000101.xml










17.5.2019   


EN


Official Journal of the European Union


C 170/1






Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union
Cases where the Commission raises no objections
(Text with EEA relevance, except for products falling under Annex I of the Treaty)
(2019/C 170/01)







Date of adoption of the decision


01.04.2019




Aid number


SA.53258 (2019/N)




Member State


Austria




Region


PINZGAU-PONGAU, SALZBURG UND UMGEBUNG, SALZBURG, LUNGAU


—




Title (and/or name of the beneficiary)


Gewährung von freiwilligen Entschädigungsleistungen und die Förderung von Maßnahmen zur Minderung oder Vermeidung von durch den Wolf verursachten wirtschaftlichen Belastungen im Land Salzburg




Legal basis


§ 18 lit. a Salzburger Landwirtschaftsförderungsgesetz 1975, LGBl. Nr. 16/1975 idgF. iVm der gegenständlichen Richtlinie




Type of measure


Scheme


—




Objective


Aid to compensate for the damage caused by protected animals, Aid for investment in tangible assets and intangible assets on agricultural holdings linked to primary agricultural production




Form of aid


Direct grant




Budget


Overall budget: EUR 0.2 (in millions)




Intensity


100  %




Duration (period)


until 31.12.2020




Economic sectors


Animal production




Name and address of the granting authority


Land Salzburg — Abteilung 4: Lebensgrundlagen und Energie
Fanny-von-Lehnertstraße 1, 5020 Salzburg




Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm.
Case C-387/19: Request for a preliminary ruling from the Raad van State (Belgium) lodged on 17 May 2019 — RTS infra BVBA, Aannemingsbedrijf Norré-Behaegel v Vlaams Gewest
Date: 2019-05-17
Institutions: Court of Justice
Subjects: award of contract, public procurement








C_2019270EN.01001901.xml










12.8.2019   


EN


Official Journal of the European Union


C 270/19






Request for a preliminary ruling from the Raad van State (Belgium) lodged on 17 May 2019 — RTS infra BVBA, Aannemingsbedrijf Norré-Behaegel v Vlaams Gewest
(Case C-387/19)
(2019/C 270/21)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicants: RTS infra BVBA, Aannemingsbedrijf Norré-Behaegel

Defendant: Vlaams Gewest

Questions referred







1.


Should the provisions of Article 57(4)(c) and (g), in conjunction with paragraphs 6 and 7 of that article, of Directive 2014/24/EU (1) of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC be interpreted as precluding an application whereby the economic operator is required to provide evidence on its own initiative of the measures that the economic operator has taken to demonstrate its reliability?










2.


If so, do the provisions of Article 57(4)(c) and (g), in conjunction with paragraphs 6 and 7 of that article, of Directive 2014/24 therefore have direct effect?






(1)  OJ 2014 L 94, p. 65.
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance.)
Date: 2019-05-17
Institutions: European Commission
Subjects: London, Scotland, United Kingdom, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2019169EN.01000801.xml










17.5.2019   


EN


Official Journal of the European Union


C 169/8






Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2019/C 169/07)






Member State


United Kingdom




Routes concerned


Dundee Airport to Heathrow Airport
Dundee Airport to Gatwick Airport
Dundee Airport to Stansted Airport
Dundee Airport to Luton Airport
Dundee Airport to London City Airport
Dundee Airport to Southend Airport




Period of validity of the contract


2 years with option to extend for further two years.
October 2019 to October 2023




Deadline for submission of applications and tenders


61 days from the publication in the EU Official Journal




Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained


For the Attention of:





Karen Lawson




Corporate Procurement Manager




Tel. +44 1382433860




Email: karen.lawson@dundeecity.gov.uk
Inapplicability of the Regulation to a notified operation (Case M.9300 — Tyson Foods/European and Thai businesses of BRF) (Text with EEA relevance.)
Date: 2019-05-17
Institutions: Directorate-General for Competition, European Commission
Subjects: beef, economic concentration, food processing, meat processing industry, merger control, pigmeat, poultrymeat, prepared foodstuff








C_2019267EN.01000201.xml










9.8.2019   


EN


Official Journal of the European Union


C 267/2






Inapplicability of the Regulation to a notified operation
(Case M.9300 — Tyson Foods/European and Thai businesses of BRF)
(Text with EEA relevance)
(2019/C 267/03)
On 17 May 2019, the Commission decided that the notified operation in the above case does not fall within the scope of the application of Council Regulation (EC) No 139/2004 (1) because it does not constitute a concentration within the meaning of Article 3 of the said Regulation. This decision is based on Article 6(1)(a) of the Regulation. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9300. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Euro exchange rates
Date: 2019-05-17
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019169EN.01000401.xml










17.5.2019   


EN


Official Journal of the European Union


C 169/4






Euro exchange rates (1)

16 May 2019
(2019/C 169/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1203 




JPY


Japanese yen


122,81 




DKK


Danish krone


7,4678 




GBP


Pound sterling


0,87463 




SEK


Swedish krona


10,7590 




CHF


Swiss franc


1,1306 




ISK


Iceland króna


137,00 




NOK


Norwegian krone


9,7513 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,696 




HUF


Hungarian forint


324,28 




PLN


Polish zloty


4,2962 




RON


Romanian leu


4,7620 




TRY


Turkish lira


6,7483 




AUD


Australian dollar


1,6213 




CAD


Canadian dollar


1,5039 




HKD


Hong Kong dollar


8,7934 




NZD


New Zealand dollar


1,7063 




SGD


Singapore dollar


1,5340 




KRW


South Korean won


1 332,17 




ZAR


South African rand


15,8555 




CNY


Chinese yuan renminbi


7,7067 




HRK


Croatian kuna


7,4245 




IDR


Indonesian rupiah


16 188,34 




MYR


Malaysian ringgit


4,6655 




PHP


Philippine peso


58,797 




RUB


Russian rouble


72,2886 




THB


Thai baht


35,396 




BRL


Brazilian real


4,4784 




MXN


Mexican peso


21,3161 




INR


Indian rupee


78,4690 






(1)  Source: reference exchange rate published by the ECB.
Case C-388/19: Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) lodged on 17 May 2019 — MK v Autoridade Tributária e Aduaneira
Date: 2019-05-17
Institutions: Court of Justice
Subjects: France, Portugal, free movement of capital, national law, personal income tax, property market, real property, sale, tax law, taxpayer








C_2019270EN.01002001.xml










12.8.2019   


EN


Official Journal of the European Union


C 270/20






Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) lodged on 17 May 2019 — MK v Autoridade Tributária e Aduaneira
(Case C-388/19)
(2019/C 270/22)
Language of the case: Portuguese

Referring court

Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)

Parties to the main proceedings


Applicant: MK

Defendant: Autoridade Tributária e Aduaneira

Question referred

Should Articles 12, 56, 57 and 58 of the Treaty Establishing the European Community [now Articles 18, 63, 64 and 65 of the Treaty on the Functioning of the European Union], taken together, be interpreted as precluding national legislation, such as that in dispute in the present case (Article 43(2) of the Income Tax Code, approved by Decree-Law 442-A/88 of 30 November 1988, as amended by Law 109-B/2001 of 27 December 2001), with the amendments introduced by Law 67-A/2007 of 31 December 2007, which inserted paragraphs 7 and 8 (now paragraphs 9 and 10) into Article 72 of the Income Tax Code, the purpose of which is to enable the capital gains realised from the sale of immovable property situated in a Member State (Portugal) by a resident of another Member State of the European Union (France) not to be subject, by election, to a tax burden greater than that which would be applicable for the same type of transaction to capital gains realised by a resident of the State in which that immovable property is situated?
Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community — Establishment of public service obligations in respect of scheduled air services (Text with EEA relevance.)
Date: 2019-05-17
Institutions: European Commission
Subjects: London, Scotland, United Kingdom, air transport, inland transport, services of general interest, transport regulations








C_2019169EN.01000701.xml










17.5.2019   


EN


Official Journal of the European Union


C 169/7






Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community
Establishment of public service obligations in respect of scheduled air services
(Text with EEA relevance)
(2019/C 169/06)






Member State


United Kingdom




Routes concerned


Dundee Airport to Heathrow Airport
Dundee Airport to Gatwick Airport
Dundee Airport to Stansted Airport
Dundee Airport to Luton Airport
Dundee Airport to London City Airport
Dundee Airport to Southend Airport




Date of entry into force of the public service obligations


30 October 2019




Address where the text and any relevant information and/or documentation related to the public service obligations can be obtained


For the attention of:





Karen Lawson




Corporate Procurement Manager




Tel. +44 1382433860




Email: karen.lawson@dundeecity.gov.uk
Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Modification of public service obligations in respect of scheduled air services (Text with EEA relevance.)
Date: 2019-05-17
Institutions: European Commission
Subjects: Finland, Stockholm, air transport, services of general interest, transport regulations, Åland








C_2019169EN.01000601.xml










17.5.2019   


EN


Official Journal of the European Union


C 169/6






Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Modification of public service obligations in respect of scheduled air services
(Text with EEA relevance)
(2019/C 169/05)






Member State


Finland




Route concerned


Mariehamn (MHQ) – Stockholm Arlanda (ARN)




Original date of entry into force of public service obligations


1 March 2016




Date of entry into force of the modifications


1 March 2020




Address where the text and any relevant information and/or documentation related to the modified public service obligations can be obtained free of charge


Further information:
Ålands Landskapsregering
Address:





P.O.B. 1060




AX-22111 Mariehamn




ÅLAND/FINLAND




Tel. +358 1825000




Email: registrator@regeringen.ax




Internet:




https://www.e-avrop.com/portaler/Alandsportalen/Default.aspx